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Wage & Hour | Unpaid Overtime

Wage and Hour/Unpaid Overtime Lawyers, Long Island and NYC

Day after day you put in your time, work diligently and are loyal to your company. In return, you expect to be paid fairly for your work. Whether through employer oversight, neglect or deliberate efforts to cut corners, some employers do not pay employees for all the hours of work done. Some employers misclassify workers in a way that denies them overtime pay. Other employers have employees do tasks off the clock, which denies them rightful wages.

If you suspect you are not receiving fair pay, speak with an attorney and get a legal opinion. At the Van De Water Law Firm, P.C., we offer a free consultation to evaluate your case. We represent clients in a wide range of wage and hour issues along with unpaid overtime claims. For more than 20 years, we have taken numerous cases to court and also successfully resolved legal issues through mediation and arbitration on behalf of our clients.

Common NYC and Long Island Wage and Hour Issues

The Fair Labor Standards Act (FLSA) addresses wage and hour concerns and offers legal protection at the federal level. However, New York State and New York City also have their own laws that protect employees, and these laws offer even more extensive legal rights so employees can recover fair compensation for work.

Unpaid Overtime

With the exception of certain exempt workers, any employee who works more than 40 hours a week must receive time and a half for their hours worked in excess of 40 hours. For example, if an employee worked 50 hours and the hourly wage was $10 per hour, the 10 hours worked in excess of 40 would be paid at $15 per hour.

Under New York labor law, your statement or pay stub must include the number of regular hours you worked, the number of overtime hours you worked along with the regular pay rate and overtime pay rate.

Minimum Wage

All employees working in New York State have the right to receive minimum wage. Different minimum wages apply to workers in New York City and Long Island and Westchester than workers in other areas of New York. On December 31, 2018, minimum wages in all areas of New York are set to increase. Tipped restaurant workers make the bulk of their income on tips and operate under different wage and hour regulations, but the minimum wage will increase for them as well on December 31, 2018.

Employers who violate minimum wage laws are subject to civil prosecution and fines. An employer may not penalize or discharge an employee for complaining to the Labor Department about wage violations.

Unpaid Commissions

Employees receiving commissions have the right to be paid promptly based on designated paydays. They also have the right to receive overtime compensation.

Worker Misclassifications

Salaried workers holding management positions do not receive overtime pay for time worked above 40 hours per week. However, the Fair Labor Standards Act sets certain criteria to determine which workers are salaried based on the job functions they perform. A job title alone is not the basis for determining whether a worker receives a salary and therefore would not receive overtime compensation. Common misclassifications include workers being designated as managers who do not perform management functions and employees being classified as independent contractors when they are actually employees. Misclassification denies employees, who are designated as independent contractors, benefits such as minimum wages, overtime pay, family and medical leave and unemployment insurance.

Equal Pay

The federal Equal Pay Act and the New York State Fair Pay Act prohibit employers from paying employees, who do same job, different wages based on sex, race or national origin. Over the past recent decades, women in particular have been subject to equal pay discrimination and have received less pay for doing the same jobs as men.

Our Practice Areas

Arrange a Free Consultation with a Wage and Hour Attorney, Serving Clients in Long Island and New York City

By consulting with an experienced wage and hour attorney, you can find out about your rights to recover wages that New York and federal laws entitle you to receive. We understand that wage and hour laws can be confusing. However, we can explain the legal factors involved, evaluate your potential claim and provide you with strong advocacy to overcome unlawful wage and hour practices.